Orozco v. Plackis, No. 13-50632 (5th Cir. 2014)
Annotate this CasePlaintiff, a former employee of a franchise of Craig O's Pizza, filed suit against defendant, the founder of Craig O's, under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201. The court held that plaintiff failed to produce legally sufficient evidence to satisfy the economic reality test and thus failed to prove that defendant was his employer under the FLSA. Because the court concluded that there was insufficient evidence to support the jury's verdict that defendant was plaintiff's employer, the court need not address defendant's remaining challenges. Accordingly, the court reversed the denial of judgment as a matter of law and rendered judgment in favor of defendant.
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